• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • WHO WE ARE
    • About Our Firm
    • Attorney and Staff Profiles
    • News and Events
  • Areas We Serve
    • Essex County, MA
      • Andover
      • Beverly
      • North Andover
    • Hillsborough County, NH
      • Manchester
      • Nashua
    • Middlesex County, MA
      • Concord
      • Lexington
      • Wakefield
      • Winchester
      • Woburn
    • Rockingham County, NH
      • Exeter
      • Londonderry
      • Salem
  • Services
    • Asset & Business Planning
    • Elder Law & Medicaid Services
    • Estate And Gift Tax Figures
    • Family-Owned Businesses & Farms
    • Legacy Planning Services
    • LGBTQ Estate Planning
    • Loss Of A Loved One
    • Pet Planning
    • Power Of Attorney
    • Probate and Trust Administration
    • SECURE Act
    • Special Needs Planning
    • Young Families
  • Elder Law
    • Coping with Alzheimer’s
    • Hospice Care
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder law reports
      • Elder Law Resources
        • Elder Law Resources – Londonderry, New Hampshire
        • Elder Law Resources North Andover, Massachusetts
        • Nashua, New Hampshire Elder Law Resources
        • Woburn, MA Elder Law Resources
    • Estate Planning
      • Estate Planning Articles
      • Estate and Gift Tax Figures
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Asset Protection Planning
      • Business Planning
      • Charitable Gifting
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Incapacity Planning
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Trust Administration & Probate
      • Wills and Trusts
    • Medicaid Calculator
    • Newsletters
    • Presentations
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Nashua, New Hampshire Probate Resources
        • Probate Resources – Londonderry, New Hampshire
        • Probate Resources – North Andover, MA
        • Probate Resources – Wakefield, Massachusetts
        • Woburn, MA Probate Resources
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Published Books
  • Seminars
    • Live Seminars
    • Online Seminars
  • Videos
  • Contact Us
  • Blog
  • Reviews
    • Our Reviews
    • Review Us

DeBruyckere Law Offices, PC

Serving Southern New Hampshire & Essex Country, Massachussetts

Call us today(603) 894-4141

(978) 969-0331

Online Seminars
Attend Free Seminar
Home » Estate Planning » Do We Need an Estate Plan If We Do Not Plan to Have Children?

Do We Need an Estate Plan If We Do Not Plan to Have Children?

January 17, 2023Estate Planning, Estate Planning

Beverly estate planning attorney

Estate planning discussions often focus on couples with children who wish to decide how and when to pass down an inheritance to future generations. Unfortunately, that frequently causes couples without children to believe that estate planning is not equally important for them. To correct this common misconception, a Beverly estate planning attorney at DeBruyckere Law Offices discusses estate planning for couples who do not plan to have children.

Childlessness in America

Data published from numerous studies, including one by the Institute for Family Studies (IFS), indicate that more and more couples are reaching their retirement years without children. While some of these childless couples could not have children, a growing number are choosing not to have children. Regardless of why you do not have children, the fact that you are part of a childless couple has important estate planning implications.

Is an Estate Plan Necessary If We Do Not Plan to Have Children?

The simple answer is “yes!” There are multiple reasons why you still need a comprehensive estate plan as a childless couple, including:

  • Avoiding intestate succession. If you die without a Will or trust, your estate assets are distributed using the state’s intestate succession laws. If your spouse survives you, your spouse will inherit everything; however, that does not mean you do not need an estate plan! On the contrary, it increases your need for a plan because upon the death of the surviving spouse the remaining assets must be passed down using the intestate succession rules in the absence of a Will or trust. That means your parents, siblings, or more distant relatives will inherit your assets – a result with which you may not agree.
  • Incapacity planning. While your spouse is alive and capable, he/she will be allowed to make medical decisions for you and/or control most assets if you become incapacitated. If you survive your spouse, or your spouse is also incapacitated, someone else must make those decisions and/or take control of your assets. To ensure that the “someone” is someone of your choosing you need an estate plan in place.
  • Estate administration. Once again, your spouse might be the logical (and legal) choice to administer your estate if you die; however, if your spouse predeceases you or is unable to act as your Executor, the court could appoint anyone to fulfill that role. To make sure someone of your choosing oversees the administration of your estate you need to have at least a basic Will or trust agreement in place.

What Should Be in My Estate Plan?

Working with an experienced estate planning attorney ensures that the plan you create is uniquely tailored to your needs; however, there are some common components found in the estate plans of most childless couples, such as:

  • Will or Trust. Creating a Last Will and Testament or trust agreement avoids leaving behind an intestate estate and ensures that someone of your choosing oversees the administration of your estate.
  • Charitable gifting. Many childless couples want to give some or all their assets to charity when they die. You must have an estate plan in place with the appropriate tools to make sure this happens. Moreover, there are numerous advantages to making charitable gifts while you are still alive instead of waiting until your death.
  • Advanced directives. Executing the appropriate advance directive is the only way to ensure that you get to choose who will make healthcare decisions for you if your spouse is no longer alive or is otherwise unable to make them.
  • Power of Attorney. If someone needs to take control of your assets while you are alive and your spouse is not an option, you do not want a court to decide who that person will be. A Power of Attorney lets you give someone of your choosing that authority.

Contact a Beverly Estate Planning Attorney

For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about estate planning, contact a Beverly estate planning attorney at DeBruyckere Law Offices by calling (603) 894-4141 or (978) 969-0331 to schedule an appointment.

  • Author
  • Recent Posts
Daniel DeBruyckere
Daniel DeBruyckere
Attorney Daniel A. DeBruyckere has been practicing law in New Hampshire and Massachusetts since 1998, and has helped hundreds of clients with their estate planning and elder care issues. He is very well respected in the area of estate planning, probate, trust administration, elder law issues, and business planning.
Daniel DeBruyckere
Latest posts by Daniel DeBruyckere (see all)
  • Do I Need an Attorney to Administer a Trust? - January 26, 2023
  • How Using a Trust Can Protect a Valuable Inheritance - January 24, 2023
  • What Seniors Need to Know to Protect Assets - January 19, 2023

Other Articles You May Find Useful

Beverly estate planning attorneys
Am I Entitled to Social Security Based on My Spouse?
Beverly estate planning attorney
Make Reviewing Your Estate Plan Your New Year’s Resolution
Common Mistakes In Estate Planning 150x150
Common Mistakes in Estate Planning – Part III
Common Mistakes In Estate Planning 150x150
Common Mistakes in Estate Planning – IV
Beverly estate planning attorneys
15 Things to Do Following the Death of a Loved One
Beverly estate planning attorneys
How Estate Planning Can Protect Unmarried Couples

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram

Blog Subscribe

"*" indicates required fields

This field is for validation purposes and should be left unchanged.

Testimonials

DeBruyckere Law Offices, PC footer

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
  • Instagram
footer-logo

© 2023 DeBruyckere Law Offices
All Right Reseved.

Attorney Advertisement

© 2023 American Academy of Estate Planning Attorneys, Inc.